(a) General rule.--It is unlawful while hunting or while preparing to hunt for any game or wildlife:

(1) To cause damage to any tree or trees located upon any public or privately owned lands as a result of constructing any tree stand, platform or any other manmade support of any description or as a result of using any portable tree stand or any other implement or device of any description to climb any tree.

(2) To use or occupy any tree stand, platform or any other manmade support of any description which, when constructed, damaged any tree or trees.

This section shall not apply to a private landowner upon land which he owns or to any person to whom he has given written permission in advance.

(b) Penalties.--

(1) A violation of this section is a summary offense of the fifth degree.

(2) Upon summary conviction, the defendant shall be sentenced to remove the tree stand, platform or any other manmade support or climbing device of any description.

(3) In addition to any other penalty imposed, the defendant shall be liable to pay to the one in control of a tree the amount of any damage done by the defendant to the tree. The amount of the damage to the tree shall be determined by the magisterial district judge. If a reasonable settlement for damage to the tree is not reached, the magisterial district judge may appoint a competent appraiser to determine the amount of the damage. The amount of the damage determined shall be assessed against the defendant and paid to the magisterial district judge for disposition. The magisterial district judge shall deliver the amount collected to the person or governmental agency having legal control over the land where the damage occurred. The appraiser appointed by the magisterial district judge shall be entitled to a reasonable fee for services rendered which shall be assessed against the defendant as additional costs.

(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (b)(3). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.